eLaws | eCases | Oklahoma Administrative Code | Oklahoma Courts | Counties & Cities of Oklahoma | United States Code |
 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 36. INSURANCE

  § 36-4035. Notice to applicants regarding replacement of life insurance or annuity.  

Latest version.

  • The notice referred to in the Life Insurance and Annuity Policyholders Protection Act shall be delivered to the applicant for a replacement life insurance policy or a replacement annuity policy. The legal name and address of the replacing insurer may be printed on the notice.  Said notice shall be in substance as follows:

    NOTICE TO APPLICANTS REGARDING REPLACEMENT OF LIFE INSURANCE OR

    AN ANNUITY.  THIS NOTICE IS FOR YOUR BENEFIT AND IS REQUIRED BY LAW.

    1.  If you are urged to purchase life insurance and to surrender, lapse, or in any other way change the status of existing life insurance, the agent is required to give you this notice.

    2.  It may not be advantageous to drop or change existing life insurance in favor of new life insurance, whether issued by the same or a different insurance company.  Some of the disadvantages are:

    a.  The amount of the annual premium under an existing policy may be lower than that under a new policy having the same or similar benefits.

    b.  Generally, the initial costs of life insurance policies are charged against the cash value increases in the earlier policy years, the replacement of an old policy could result in the policyholder sustaining the burden of these costs twice.

    c.  The incontestable and suicide clauses begin anew in a new policy.  This could result in a claim under a new policy being denied by the company which would have been paid under the old policy.

    d.  Existing policies may have more favorable provisions than new policies in such areas as settlement options and disability benefits.

    e.  An existing policy may have a reserve value in addition to any cash value which may be of some benefit to the insured.

    f.  The insurance company carrying your current insurance policy can often make a desired change on terms which would be more favorable than if existing insurance is replaced with new insurance.

    3.  It may not be advantageous to change an existing policy to reduced paid-up or extended term insurance or to borrow against its loan value beyond your expected ability or intention to repay in order to obtain funds for premiums on a new policy.

    4.  There may be a situation in which a replacement policy is advantageous.  You may want to receive the comments of the present insurance company before deciding this important financial matter.

    I hereby acknowledge that I received the above "Notice to Applicants Regarding Replacement of Life Insurance or an Annuity" before I signed the application for the proposed new insurance.

    _______________________________________________

    DateSignature of Applicant

    Subparagraph c of paragraph 2 of this section shall be in 12-point type.

Added by Laws 1983, c. 80, § 5, eff. Nov. 1, 1983.